Showing : 31-40 of 637 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Aggrieved has four options : (a) to file an application U.O.9.R.13 CPC for setting aside ex-parte decree; (b) to challenge decree on merits by filing an appeal; (c) to file a separate suit on the ground that previous decree was the result of fraud (d) to file an application for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Separate suit is maintainable to challenge ex parte decree - However, same can only be allowed if Court comes to conclusion that previous ex parte decree was result of fraud...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Separate suit for declaration that ex parte decree is result of fraud - A small irregularity in the report of process server would not make the judgment and decree fraudulent particularly when party to the suit was not proceeded against ex parte on the aforesaid report...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, 15-- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage of spouse who obtained ex-parte decree of divorce will not render application for setting aside ex-parte decree infructuous - Remarriage of spouse is not a relevant factor to be taken..........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage after receipt of notice of application to set aside ex parte decree - An incapacity for second marriage for a certain period does not have effect of treating former marriage as..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Application to set aside ex parte decree not filed within 30 days of knowledge of ex parte decree - Meanwhile husband remarried - Where a party has solemnized a second marriage, issue concerning ex parte decree has to be decided keeping in view the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Delay of about 3 years 8 months - Defendant corporation is public sector undertaking and huge public money is involved in the case - Ex parte decree set aside subject to payment of costs of Rs.50,000/-...........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(iii)-- Ex parte divorce decree - Mental disorder of wife - Husband did not adduce any medical evidence to prove that wife was suffering from any mental disorder - Even, impugned judgment does not contain a single sentence regarding reason for granting a decree of divorce - Trial Court has only stated..........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 9, Rule 13-- Appeal - Order allowing or dismissing application for setting aside ex parte decree is not interlocutory order within ambit of S.19(1) of the Act and thus, it is appealable...........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 19-- Interlocutory order - Revival of suit or main proceedings is effect or consequence of order allowing application for setting aside ex parte decree - It is not sufficient to clothe such order with characteristics of interlocutory order...........

Showing : 31-40 of 637 Results